PANAJI
Unauthorized but undisputed land and structures, which are constructed before February 28, 2014, will finally be saved from demolition. A month after the State cabinet granted its approval to issue the Goa Regularisation of Unauthorised Construction (Amendment) Ordinance, 2023; the Bill was passed on the concluding day of the Budget session of the Legislative Assembly on Friday.
Bill with a rider
The Bill comes with a rider that the regularisation process will be carried out only if the title or ownership as well as the structure where the unauthorized construction is carried out, are not a subject matter of dispute before any Court, Tribunal, or Statutory Authority; and that such institutions have not passed an injunction or granted status quo or any prohibitory order against the property, land or construction.
Why no public debate?
The experts, however, have trust issues with the amendment hinting at selfish political interest. Advocate Cleofato Coutinho questioned the government's reluctance to place government Bills at public forums for consultation before their passing in the Assembly.
“Why should such laws not be discussed and debated with the public first? Why is it not discussed at length in the House? The government is only putting a premium on illegalities and planning regularisation. How can they take a decision when several other departments are linked to the issue?” he questioned.
The lawyer lamented that though not clear on the issue, the government has attempted to create vote banks by creating ways to give house numbers to illegal structures. “Each one (politician) would have identified (the illegal structures for its regularization). We see these laws surfacing every 5-6 years,” he said pointing at repeated amendments to the law after every general assembly and/or parliamentary election.
Why only structures
built before 2014?
Another noted lawyer & political activist Radharao Gracias questioned the government’s wisdom behind initiating the process to regularise structures constructed before 2014 and not older or newer structures.
“There are illegal constructions all over the State. The government should regularize all the illegalities. Why do only those structures prior to 2014 be saved from demolition? Such a law makes an unnecessary distinction between prior and post-year structures. In fact, if any structure has to be regularised, it should be the older ones and not new,” he argued.
He further opined that while Rules will be framed, the government needs to be specific or else illegal structures even in no settlement zones would get an undue benefit.
“The government has deliberately kept the Bill vague to enable corrupt activities,” he slammed adding, “The government should define which structures and why should these be regularized without the interference of district administration or any authority.”
The legal experts have also questioned another amendment wherein co-owners or members of family/families, pertaining to divided land or property, do not require written consent from the original owners.
